A court may grant a conditional stay pending a special leave application on terms requiring part payment of the judgment debt, adopting a broad brush approach to fix the amount, where both parties face prejudice and the balance of convenience does not clearly favour either an unconditional stay or outright refusal. The completeness and reliability of the applicant's evidence of financial hardship is critical to the assessment, and deficiencies in that evidence will weigh against the applicant.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
4 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.